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07-19-12 Meeting �il� Co���� CITY OF SCANDIA WASTEWATER ADVISORY COMMITTEE July 19, 2012 7:00 P.M. Scandia Community/Senior Center Board Room 1. Call to Order, Chair Chris Ness 2. Review Notes of Previous Meeting (May 20, 2012) 3. "201" Community Wastewater System a) Anderson-Erickson Collector System 1) Operations Agreement with EcoCheck/Natural Systems Utilities, MN (also covers the Uptown Wastewater System) 2) Update on Testing/Monitoring (verbal report) b) Bliss Collector System (verbal report) 4. Uptown Wastewater System a) Review Proposed Ordinance Governing the Uptown Wastewater Treatment System b) Uptown Wastewater System Improvement Project 5. Set Future Meeting Date(s)/Agendas 6. Adjournment Committee Members: Staff/Ex-Officio: Chris Ness,Councilmember/Chair Anne Hurlburt,City Administrator Jim Schneider,Councilmember/Vice Chair Phil Gravel,City Engineer Steven Philippi,Planning Commissioner Tim Kieffer,Maintenance Superintendent Daniel Cartier James(Moose)Malmquist Wayne Schmitt Holly Kaufhold Micheal Peterson Doug Salmela Brad Bergo . � � �,� � � �i� E�o�n��k Natural Systems Utilities, MN (NSU) 11347 North Ave,Suite 4 ��: ,t��� t;. Chisago City,MN 55013 --~� -� NF.TURAL SYSTEMS UTILITI�Ew�S, .. -..' ;;�,.�f \ Phone:651-257-3511 •Fax:651-257-4490 Y` June 14,2012 Anne Hurlburt, City Administrator 14727 209"'Street North Scandia,MN 55073 RE: Proposal for Wastewater Operations of Scandia Anderson-Erickson Collector Facility And Uptown Facility Operations revised June 14,2012 Dear Ms. Hurlburt: Natural Systems Utilities, MN (herein referred io as "NSU")is an award winning leader in providing water and wastewater system operations and management for residential developments, commercial entities and small communities and has a vast amount of experience operating facililies like the Anderson-Erickson Collector and Lhe Uptown Facilities. Currently we operate over 65 water and wastewater systems throughout the State of Minnesota including 15 in Washington County. We are the most recognized company in Minnesota for compliance of wastewater treaCment systems, with 22 MPCA Wastewater Operations Awards received in 2011 and over 100 awards since 2002. We understand you are looking for a licensed operator who is able to provide 24/7 emergency services with reliability and accountability. NSU is capable of ineeting this need with four operators on staff who are cross trained in managing dozens of different wastewater technologies. NSU is submitting the following proposal for wastewater operation services for the Scandia Anderson-Erickson Collector Facility and the Uptown Facility. The existing Anderson-Erickson wastewater facility consists of STEP collection system, a main lift station and a series of three gravity flow trenches for disposal. We understand that a flow study is currently being conducted along with an audit of the system's components to determine the feasibility to upgrade equipment and potentially capacity of the facility. NSU has been involved in many corrective action plans and system component replacements, including design review, control panel and equipment specifications, system startups, training, and maintenance manual writing. Based on the Bolton &Menk Wastewater Masterplan,the existing wastewater treatment system for the Uptown WW System is a soil based subsurface sewage treatment system{SSTS), consisting of a gravity collection sewer with four lift stations, fourteen septic tanks ranging in size from 1,000-gallons to 3,000 gallons, and a gravity fed drain�eld with nine drop box fed trench laterals (2,250 ft of trench) comprising 6,750 square feet of absorption area. In this proposal, based on the Washington Couniy issued permit and the BMI Master Plan, we assume a minimum of two site visits per month will be required, with each site visit lasting Winners o122 Wastewater Operation Awards from fhe Minnesota Pollution Control Agency in 20i i. approximately 1-2 hours in duration. Some months may be more or less, depending upon the needs of the system. Due to the fact that we currently have number of projects in the Scandia area, we believe that we can cost effectively provide wastewater operation services to the City. We look forward to discussing this opportunity with you further. If you have any questions about this proposal or our services,please feel free to contact me at(612)616-8392. Sincerely, Natural Systems Utilities,MN LLC Tom Birkeland Senior Project Manager 2 Scandia Wastewater Operations Proposal June 14,2012 I. ASSUMPTIONS The folJowing assumptions were considered: NSU Assumes the Followin�: l. The City's Maintenance Superintendent wiil be assigned to serve as NSU's "point of contact" to facilitate communications. This person will relay communications to the community and will contact NSU in event of an alarm condition. 2. NSU will be granted access to the wastewater site to perform services as necessary. 3, NSU will provide 24/7 emergency services for the facility in the event they are needed. Emergency service calls will be responded to as soon as possible. NSU has a history of responding to alarms within a 2-hour timeframe. 4. The duration of this contract is for 2 years. 5. If additional monitoring is required for permit exceedances or other permit requirements, services will be provided on a time and materials basis. 5. If permit or regulatory changes occur during the contract period, the terms of the contract will be revised to reflect the increase in monitoring to maintain compliance with permit requirements. 7. Contract price will increase for lump sum contract amount and standard billing rates based upon the percent change of the United States Department of Labor Consumer Price Index (May report) for all urban consumers U.S. city average starting July 1, 2013. 8. NSU assumes easements are provided for NSU to enter onto private property to perform the necessary maintenance services. If easement or rights of entry issues occur, the City will work with the property owner to resolve. 9. NSU will manage all work completed by third parties (septic tank pumpang, major repairs). Below are other permit driven responsibilities of the Owner: l. The Owner shall comply with the terms and conditions specified in the SSTS Permits issued from Washington County. NSU will operate the system in accordance to the permit conditions. This Contract Excludes: 1. Septic tank pumping costs,repairs and emergency service calls for the wastewater system are in addition to the contract amount. 3 II. PROPOSED NSU SERVICES WASTEWATER OPERATION SERVICES ANDERSON ERICKSON SYSTEM 1. Perform site visits to the facility a minimum of twice per month to evaluate system performance. 2. Perform analytical monitoring as defined in the Washington County Permit, dated March 2012. 3. Coordinate with the analytical lab for analysis of samples and report results to the City. 4. Provide correspondence on a monthly basis on items that azise at the wastewater system. 5. Record pump run times, event counts and amp draws for all pumps in the system to ensure proper operations. 6. Perform drawdown tests on lift station pumps to calibrate flow rates. 7. Confirm al] equipment in the control panel and motorized valves are functional on each site visit. 8. Maintain records of active trench rotation and ponding status monthly. 9. Measure sludge and scum in septic tanks or implement a schedule to assist you in determining when septic tanks need to be pumped. l0. Note maintenance activities required at the site and maintain a logbook. 11. Implement a winterizing plan (as developed by NSU) to minimize the potential for freezing prior to winter. 12. Perform periodic operational control monitoring prior to equipment adjustment. 13. If so desired by the City, place competitive bids for a pumping contract and recommend a pumper with the best bid. WASTEWATER OPERATION SERVICES UPTOWN SYSTEM l. Perform site visits to the facility a minimum of twice per month to evaluate system performance. 2. Perform analytical monitoring as defined in the Washington County Perrnit, dated January 2012. 3. Coordinate with the analytical lab for analysis of samples and report results to the City. 4. Provide correspondence on a monthly basis on items that arise at the wastewater system. 5. Record pump run times, event counts and amp draws for all pumps in the system to ensure proper operations. 6. Perform drawdown tests on lift station pumps to calibrate flow rates. 7. Confirm all equipment in the control panel and motorized valves are functional on each site visit. � 8. Maintain records of active trench rotation and ponding status monthly_ 9. Measure sludge and scum in septic tanks or implement a schedule to assist you in determining when septic tanks need to be pumped. 10. Note maintenance activities required at the site and maintain a logbook. l l. Implement a winterizing plan (as developed by NSU) to minimize the potential for freezing prior to winter. 12. Perform periodic operational control monitoring prior to equipment adjustment. ]3. If so desired by the City, place competitive bids for a pumping contract and recommend a pumper with the best bid. 4 ADDITIONAL TASKS 1. Provide 24I7 service calls as needed at the community treatment system site. Service calls are events that fall outside of the "Wastewater Operation Services" tasks and need urgent atteniion (i.e. responding to grinder pump alarms). 2. Perform Monitoring Well Sampling. 3. Perform other services as requested by the Owner that are beyond the scope of this contract. III. COSTS OF NSU SERVICES Wastewater Operation Services will be invoiced on a lump sum basis of$240.00 per month for the Anderson Erickson Facility and$334.00 for the Uptown Facility ($6,888 annually). Expenses such as mileage, analytical lab fees and field materials are included in the fee. Such amount may increase as provided in Section I (7) above beginning on July 1, 2013. Additional Tasks wiil be charged as stated below: • Service Calls (Item 1 under Additional Tasks) will be charged at $100 per event, plus time and materials in accordance with the NSU Standard Billing Rates including calls to coordinate repairs by subcontractors. • Monitoring Well sampling cost will be $100 per well per event, if required.(Subject to CPI increase). • Other services (Item 3 under Additional Tasks) will be provided as requested on a time and materials basis,in accordance with the schedule attached here to. PROPOSAL ACCEPTANCE The Owner accepts this proposal including the attached General Terms and Conditions, and NSU is authorized to proceed with the services described herein. This proposal is valid for 30 days. City of Scandia Natural Systems Utilities,MN LLC �,,� �—~^ By; � �=�".�-------�: Name: �l�'1/�jJ�=.�/�D/?f� Name: Ryan Brandt Title: ��.�d� Tiile: President Date: .!'/1't.��/� a��`�' Date: June 14,2012 ,,1���' � r,i, _---y. C�'�1� ��/�l/J�j �l�r/z�.��G�y��.—� 5 C!��.�.-� �5; oZP� /� NATURAL SYSTEMS UTILITIES,LLC STANDARD 2012 BILLING RATES For WATER AND WASTEWATER OPERATION SERVICES POSITION STANDARD BILLING RATE Project Principal $125.00/hour Senior Water/Wastewater Operator III $120.00/hour Senior Water/Wastewater Operator II $100.00/hour Junior Water/Wastewater Operator I $90.00/hour Field Services $85.00/hour Administration $85.00/hour EXPENSES Mileage $0.555/mile(prevailing rate) Travel expenses At Cost Other expenses At Cost plus l0°!0 OTHER OPERATION SERVICES Confined Space Entry $75 per entry permit Use of HAZMAT Monitoring Equipment $40/hour(minimum 1 hour) EMERGENCY SERVICES/SERVICE CALLS Service Call $100 each response Labor associated with repairs or services Time and Materials in accordance with standard billing rates 6 General Terms and Conditions i. STANDARD OF PERFORMANCE All services of ("WASTEWATER OPERATOR") and its affiliates, subsidiaries, independent professional associates, consultants,and subcontractors required by this agreement between OWNER and WAS7'EWATER OPERATOR("AgreemenP') will be performed in a reasonable and prudent manner in accordance with generally accepted WASTEWATER OPERATOR practice. All estimates,recommendations,opinions,and decisions of WAS1'EWATER OPERATOR will be made upon the basis of the information available to WA3TEWATER OPERATOR and WASTEWATER OPERATOR's experience, technical qua]ifications,and professional judgment. THERE ARE NU WARRANTIES OF MERCHANTABILITY OR F7TNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTTES OR GUARANTEES WHATSOEVER, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY SERVICE PERFORMED OR MATERIALS PROVIDED UNDER THE AGREEMENT 2. INVOICES Invoiees will be submitted periodically (customarily on a monthly basis) and, uniess disputed by Owner, are due and payable upon receipt. Unpaid undisputed balances shall be s�bject to an additional charge at the rate of one and one-half(].5)percent per month from the date of invoice, if the unpaid balance is not paid within 30 days of the date of the invoice. In addition, WASTEWA7'ER OPERATOR may, after giving 30 days written notice to OWNER, suspend services without liability until OWNER has paid in full all undisputed amounts due WAS7'EWATER OPE}tATOR on account of services rendered and expenses incurred, including interest on past-due undisputed invoices. Payment of invoices is nol subject to discounting by OWNER. However,Owner may dispute some portion or al]of an invoice in which event the parties shall meet to attempt to resolve such dispute pursuant to Section 16. Owner shall not be required to pay any undisputed invoice or portion thereof until the dispute has been fully and finally resolveti. 3. CHANGES OR DELAYS For work outside the scope of the June l4`h, 2012 agreement between parties, unless the accompanying proposal provides otherwise,the proposed fees constitute WASTEWA7'ER OPERATOR's estimation to perform the services required to complete the project as WASTEWATER OPERATOR understands it to be defined. For those projects involving conceptua] or process development services, activities often are not fully definable in the initial planning. In any event,as the project progresses,the facts develaped may dictate a change in the services to be performed,H�hich may alter the scope. WAS7'EWATER OPERATOR will inform OWNER of such situations so that changes in scope and adjustmenu to the time of performance of the services, whether or not changed by any order,and equitable adjustment sfiall be made,and the Agreement modified accordingly. 4. PAYMENT Where the method of payment under the Agreement is bused upon cost reimbursement(e.g.,hourly rate,time and materials,direct Qersonnel expense,or per diem),the provisions of subparagraph a.shall apply in addition to the provisions of subparagraphs b. through d. a. Direct costs, excluding travel and subsistence, are payable at actual documented mst plus )0°k for handling and administration. 7 b. The minimum time segment for chazging fieldwork is Iwo(2)hours unless specifically addressed in ihe proposal. The minimum time segment fot charging work done at any of WAS7'EWATER OPERA7'OR's offices is one-half hour. c. If a lump sum fee is proposed,expenscs are included as pari of the lump sum fee. Otherwise project related office expenses such as shipping,communication,subcontractors,prinling and reprod�ction,computer services,supplies and equipment will be calculated with a 10 n� mark-up. Travel and subsistence expenses of personne]when on business connecied with the Project are reimburseble at cost. The use of re-usable field and support equipment owned by WASTEWATER OPERATOR will be billed at pre-determined rates. d. When applicable, rrntal charges will bc applied to cover the cost of pilot-scale facilities or equipment, apparaws, inswmentation,or other technicaJ machinery. When such charges are applicable,OWNER will be advised at the start of the assignment, task or phase. Malyses performed in WASTEWATER OPERATOR's or WASTEWATER OPERATOR's subconsultanYs]aboratories will be billed on a unit cost-per-analysis basis,unless specified otherwise in the accompanying Proposal. e. Invoices based upon cost reimbursement will be submitted showing labor(hours worked) and total expense, but not actual documentation. If requesied by OWNER,reasonable documentation will be supplied. 5. TERM AND TERMINATION If not defined othervvise in the CONTRACT ACCEP"I'ANCE portion of the contract,the term of this Agreement shall be for a period of two(2)years(the'"Term"). Notwithstanding the preceding sentence,WASTEWATER OPERATOR may terminate the Agreement by giving forty five(45)days' written notice to OWNER if OWNER is in default under this Agreement and fails to cure such default within such fony five(45)day period. OWNER may terminate this Agreemenl at anytime during the Term by giving forty five (45) days' written notice to WASTEWATER OPERATOR. In the event of any such termination,OWNER shall pay all fees and expenses associated with the Projec�up to the effective date of lermination. 6. LIMITATION OF LIABILITY Notwithstanding any other pmvisions of these General Terms and Conditions, and unless othenvise subject to a greater limitation,WAST'EWA7'ER OPERATOR's total liability to OWNER for any loss or damage,including but not limited to specia] and consequentia] damages arising out of or in connection with the performance of services or any other cause, inclnding WASTEWATER OPERATOR's professional negligent acts, errors, or omissions, sha11 not exceed $250,000, and OWNER hereby releases WASTEWA7'ER OPERATOR from any liability above such amount. 7. INSURANCE During the term of this agreement,the WASTEWATER OPERATOR agrees to provide evidence of insurance coverage with limits of liability covenge of not less than$250,000 and naming OWNER as an additional insured therc under. 8. PROJECT SITE OWNER �hxll fumish or cause to be furnished to WA3TEWATER OPERATOR all documents and information in OWNER's possession that relate to the identity,location,quantity,nature,or chancteristics of any hazardous waste at,on,or under the site. In addition,ro the extent reasonably available to it,OWNER shall fumish such other reports,data,swdies,plans,speci6cations, documents, and other information regarding surface and subsurface site conditions requested by WAS7"EWATER OPERATOR for proper performance of its services. WASTEWATER OPERA7'OR shall be ontitled to rely upon OWNER provided 8 documents and information in performing the services required under this Agreemenl;however,WASTEWA7'ER OPERATOR assumes no responsibility or liability for the accuracy or completeness of said documents and information. OWNER-provided documents will remain the property of OWNER. Except for contractors or subcontractors retained directly by WASTEWATER OPERATOR,WASTEWATER OPERATOR will not direct, supervise,or conuol the work of contractors or their subcontractors. WASTEWATER OPERATOR's services will not include a review or evaluation of the contractor's(or subcontractor's)safety measures. Exeept for contractors or subcontractors retained direcUy by WASTEWATER OPERATOR. WASTEWATER OPERATOR shall be responsible only for its activities and those of its employees on any site. Neither the professional activities nor the presence of WASTEWAT'ER OPERA7'OR, its employees, or it subcontraciors on a site shall imply that WASTEWATER OPERATOR controls the operations of others;nor shall this be construed to be an acceptance by WAS7'EWATER OPERATOR of any responsibility for job-site safety. 9. AISPOSAL OF CONTAMINATED MATERIAL It is understood and agreed that WASTEWATER OPERATOR is not,and has no responsibility as a handler,generator,operator, treater or stoter,tnnsporter,or disposer of hazardous or toxic substances found or identified at a site. OWNER shall undertake or arrange for the handling,Temoval,treatment,storage,transportation,and disposai of hazardous substances or constituents found or identified at a site. 10. CONFIDENTTALITY WASTEWATER OPERATOR will comply with the provisions of the Minnesota Government Data Practices Act relating to information or data generated on behalf of OWNER or supplied to WASTEWATER OPERATOR by OWNER". WASTEWATER OPERATOR shall maintain as confidential and not disclose to others without OWNER's prior written consent all information obtained from OWNER that was not otherwise previously known to WASTEWATER OPERATOR or in the public domain and is expressly designated by OWNER in writing to be"CONF7DEN'TIAL." The provisions of this paragraph shall not apply lo information in whatever form that(1)is published or comes into the public domain through no fault of WASTEWATER OPERATOR,(2)is furnished by or obtained from a third party who is under no obligation to keep the information confidential,or(3)is required to be disclosed by law on order of a court,administrative agency,or other authority with proper jurisdiction. OWNER agrees that WASTEWATER OPERAT�R may use and publish OWNER's name and a general description of WASTEWATER OPERATOR's services with respect to the Project in describing WAS7'EWA7'ER OPERATOR's experience and qualifications to other clients or potential clients. I1. RE-USE OF DOCUMENTS All documents,including drawings and specifications,prepared or furnished by WAS7EWATER OPERATOR(and WASTEWATER OPERATOR's affiliales,subsidiaries,independent professional associates,consultants,and subcontractors) pursuant to this Agrecment and instruments of service in respect to the Project,and WAS7'EWATER OPERATOR shall retain an ownership and property interest therein,whether or not the Project is completed provided however lhat OWNER shall be entitled to rely upon the accuracy and completeness thereof',Owner may malce and retain copies for infom�ation and reference in connection with the Project;however,such documents are not intended or represented to be suitable for re-use by OWNER or 9 others on extensions of the Project or on any other project. Any re-use without written verification or adaptation by WASTEWATER OPERATOR'for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to WAS7'EWATER OPERATOR or WAS7'EWATER OPERATOR's affiliates,subsidiaries,independent professional associates,consultants,and subcontractors with respect to any and all costs,expenses,fees,losses,claims,demands,liabilities, suits,actions,and damages,whatsoever arising out of or resulting thcre fmm. My such verification or adaptation will entitle WASTEWATER OPERATOR to furiher compensation at rates to be agreed upon by OWNER and WASTEWATER OPERATOR. 12 CONTROLLING AGREEMENT 7'hese General Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal,contract,purchase order, requisition,nodce-to-pmceed,or like document regarding WASTEWATER OPERATOR's services. ]f any of these General Terms and Conditions are determined to be invalid or unenforceable in whole or part by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effec� and be binding upon the parties hereto. The parties agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that as closely as possible expresses the intention of the stricken provision. 'Ihese General Terms and Conditions shall survive the complelion of the services under this Agreement and the termination of this Ageement for any cause provided,however,the Owner and NSU MN,LLC each acknowledge and agree tbat this contract shall be automatically extended on an annual basis following the expiration of the initial term unless(i)this contract is terminated in accordance with Paragraph 5 of the General Terms and Conditions attached hereto and made a part hereof, or(ii)either the Owner or NSU MN,LLC provides written notice to the other,no less than sixty (60)days prior to the expiration of the inival term of this conVact or any annua]extension,of its desire to terminate this contnct upon the expiration of such initial term or annual extension term,as applicable. 13. PROPR�TARY DATA The technical and pricing information contained in the accompanying Proposal or Agreement is not to be disclosed or otherwise made available to third parties without the express written consent of WASTEWA7'ER OPERATOR. 14. GOVERIVING LAW This Agreement is to be governed by and conswed in accordance with the laws of Minnesota. 15. COPYRIGHT All reports, plans specifications, computcr files, field data, notes and other documents prepared by WAS7'EWATER OPERATOR as insvumcnts of service shall remain the propeny of the WASTEWATER OPERATOR. The WAS'I'EWATER OPERATOR shal]retain all common law,statutory and other reserved rights,including the copyright thereto. 10 16. MEDIATION In an effort to resolve any conflicts that arise during the design or conswction of the project or Following the completion of the project, the Owner and the WASTEWATER OPERATOR agree that all disputes shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Owner and the WASTEWATER OPERATOR further agree to include a similar mediation provision in all agreements with independent contractors and consu)tants retained for the project and ro require all independent contraciors and consultants to include similar mediation provisions in al]agreements with subrontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 17. INDEMNIFICATIOIV The WASTEWATER OPERATOR agrees,ro the fullest extent permitted by law to indemnify and hold the Owner harmless from any damage,liability or cost(including reasonable attorneys' fees and cost of defrnse)to the extent caused by WAS1'EWATER OPERATOR's negligent acts,errors or omissions in the performance of professional services under this agreement and those of his or her subconsultants or anyone whom the WASTEWATER OPERATOR is legally liable. The Owner agrees,to the fullest extent pemiitted by law to indemnify and hold the WAST'EWATER OPERATOR harmless from any damage, liability or cost (including reasonable attorneys' fees and cost of defense) to the extent caused by the Owner's negligent acts, errors or omissions in the performance of professional services under this agreement and those of his or her contractors,subcontractors,consultants or anyone whom the Owner is legally]iable and arising from the project that is subject to this agreement. The WASTEWATER OPERATOR is not obligated to indemnify the Owner in any manner whatscever for the Owners own negligence. 18. SUBCONSULTANTS/SUBCONTRACTORS The WASTEWATER OPERATOR and the 5ubconsultant/Subcontractor mutually agree,to the fullest extent permitted by law to indemnify and hold each other harmless from any damage,liability or cost,including reasonable attorneys' fees and cost of defense arising from their own negligen[ acts, eaors or omissions in the perforcnance of professional services under this agreement to the extent that each party is responsib]e for such damages,liabilities and cost on a comparative basis of fault. 19. INFORMATION PROVIDED BY OTHERS The WASTEWATER OPERATOR shal]indicate to the Owner the infortnation needed for rendering of services hereunder. The Owner shall provide to the WASTEWATER OPERATOR such information as is reasonably available to the Owner and the Owner's consultants and contractors, and the WAS7'EWATER OPERATOR shall be entitled to rely upon the accuracy and compleleness thereof. T'he Owner recognizes that it is impossible for the WA57'EWATER OPERATOR to assure lhe accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because if errors or omissions 11 , which may have occurred in assembling thc informauon the Owner is providing. Accordingly,the Owner agrees,to the fullest extent permitted by law,to indemnify and hold the WASTEWA7'ER OPERATOR and the the WASTEWATER OPERA7'ORs subconsultants harmless from any claim,liability or cost(including reasonable attorneys' fees and costs of defense)for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in documents or other information provided by the Owner to the WASTEWATER OPERATOR. 20. STANDARD OF CARE Services provided by the WASTEWA7'ER OPERATOR under this agreement will be performed in a manner consistent with the degree of care and skill ordinarily ezercised by members of the same profession currently pncticing under similar circumstances. 21. ASSIGNMENT Services provided by the WASTEWATER OPERATOR may not be assigned to another business entity without written consent from the Owner. 12 _ G--�� �� CITY OF SCANDIA ORDINANCE NO. xxx AN ORDINANCE GOVERNING THE "UPTOWN" WASTEWATER TREATMENT SYSTEM The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: SECTION 1. TITLE. This Ordinance shall be known, cited and referred to as the Uptown Wastewater Treatment System Ordinance, except as referred to herein, where it shall be know, as "this Ordinance." SECTION 2. PURPOSE AND INTENT. The purpose of this Ordinance is to establish the requirements for the operation, maintenance and administration of Uptown Wastewater Treatment System owned and operated by the City of Scandia which serves the Village Center portion of the City and to establish a mechanism for setting user charges therefor. This Ordinance is intended to provide for operation of the system in accordance with all applicable laws and in an environmentally sound manner, and to provide for the collection of sufficient revenues to financially balance revenues and expenditures for operation and maintenance of the system. SECTION 3. RULES AND DEFINITIONS. In the event of conflicting provisions in the text of this Ordinance, and/or other Ordinances, the more restrictive provisions shall apply. The City Council shall determine in its sole discretion which is more "restrictive." Words used in the present tense shall include the past and future tense; the singular includes the plural and the plural includes the singular. The word "shall" is mandatory and the word "may" is permissive. The following capitalized terms are defined as follows for purposes of this Ordinance: Account. A record of periodic costs for sewer service provided to each property connected to the Scandia USTS. Owner. The owner of a parcel of real property in the City which is served by the Uptown Wastewater Treatment System or upon which the Private Portion of the System or the Public Portion of the System are located. Private Portion of the System. That portion of the Uptown Wastewater Treahnent System that resides within the individual parcel boundaries of the user and which has not been specifically defined as a public portion of the system, including water meters, building service lines, septic tanks, pumps and any other components serving individual users of the system. 1 Public Portion of the System. That portion of the Uptown Wastewater Treatment System that is owned and operated by the City of Scandia, including the soil treatment system, pre-treatment units, tanks, pumps, control panels, collection lines, force main and any other components serving more than one user of the system. City. The City of Scandia, Washington County, Minnesota. Uptown Wastewater Treatment System. A wastewater treatment system that serves the Village Center of Scandia, Minnesota and consisting of: collector lines, pumps, sewage tanks, soil treatment unit and any related appurtenances. User. The resident, inhabitant, occupant of an establishment that is causing or permitting the discharge of wastewater to the Uptown Wastewater Treatment System. SECTION 4. USER CHARGES AND BILLING. A. A schedule of User charges and other fees shall be adopted from time to time by resolution of the City Council as allowed by and in accordance with City ordinances and Minnesota Statutes. Such resolution shall be kept on file and open to inspection in the office of the City Clerk and shall be uniformly enforced. B. Bills shall be mailed for each account on or before the fifth day of each month and specify the charges in accordance with the current schedule of user charges and fees. All charges shall be due upon receipt and considered delinquent after the fifth day of the following month. SECTION 5. ACCOUNTS. A. All accounts shall be carried in the name of the Owner of the property, at the mailing address to which property tax bills are sent by Washington County unless a written request for an alternative billing address is submitted to the City by the Owner. B. The Owner shall be liable for the sewer service supplied to the property, whether he or she is occupying the property or not, and in addition to any other remedy available to the City, including those identified in Section 6 below, any unpaid charges shall be a lien upon the property to the full extent allowed by law. SECTION 6. DELINQUENT ACCOUNTS. A. Late payment penalties shall be assessed on all delinquent accounts in accordance with the schedule adopted by resolution of the City Council from time to time. B. Partial payments on delinquent accounts shall first be applied to any penalties and then to user charges. C. All delinquent accounts as of October 15 of each year shall be certified to the county auditor for collection with taxes in the following year, according to the following procedure: 1. Notice of the delinquent charges shall be sent to each account holder by first class mail and to the address of the Owner in accordance with Section 5 above, not less than 10 days prior to the date of a City Council hearing to consider the charges proposed to be certified for collection with property taxes for the property. 2 2. The notice shall state that if payment is not made before the date for cert the entire amount plus penalties will be certified to the county auditor fo collection as other taxes are collected. 3. A hearing shall be held by the City Council at its regular meeting during the month of November. Accountholders and property Owners with unpaid accounts shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Council finds that all or any portion of the amounts claimed as delinquent are actually due and unpaid, and there is no legal reason why the unpaid charges should not be certified for collection with taxes against the property in accordance with this Ordinance, the City may certify the unpaid charges to the county auditor for collection as other taxes against the property are collected. 4. For each certification sustained, the property Owner shall have the following options after the hearing: a) to pay the delinquent amount listed on the preliminary a�sessment roll,but without additional interest after the hearing, within ten days of the hearing date; or b) to pay the certified charges as billed to the property owner by Washington County on the owner's property tax statement with a collection term of one year. 5. Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to Washington County. D. The City may in lieu of or in addition to certification as provided in Section 6(C) above, in its discretion, file suit in a civil action against the Owner of the property to collect such amounts as are delinquent and due against the occupant or user of the real estate and shall collect, as well, all costs and attorney's fees incurred by the City in filing the civil action. Such attorney's fees shall be fixed by order of the Court. SECTION 7. CONNECTIONS TO THE UPTOWN WASTEWATER TREATMENT SYSTEM. A. No unauthorized person shall uncover, make any connections with, or opening into, use, alter or disturb any public or private portion of the Uptown Wastewater Treatment System or appurtenance thereof without first obtaining a written permit from the City or County as may be applicable. B. All sewer connections shall conform to applicable requirements of the State Building and Plumbing Code and all applicable rules and regulations of the City or County. All connections shall be made gas-tight and water-tight, and verified by proper testing to prevent the infusion of infiltration/inflow. Any deviation from the prescribed procedures and materials shall be approved prior to installation. The connection and inspection shall be made under the supervision of the City Building Official or his designee. C. New connections to the Uptown Wastewater Treatment System shall be prohibited unless the City determines that sufficient capacity is available in all downstream facilities. Any person proposing a new connection to the system shall be responsible for the cost of any engineering studies or other use of City consultants necessary to determine whether there is sufficient capacity in the collection and treatment system, and for the cost of any improvements or modifications to the system necessitated by 3 the new connection. All costs and expense incident to the installation and connection of the building sewer shall be borne by the User. New Users connecting to the system shall pay to the City a sewer connection fee to be determined by the City Council at the time the connection is made. D. Each User shall install and maintain a water meter of a type approved by the City. SECTION 8. MAINTENANCE AND OPERATION OF THE SYSTEM. A. Subject to any assessment or other right to seek reimbursement from benefitted properties or Owners, the City shall bear the expense for the maintenance, repair and operation of the Public Portion of the System. Users and Owners shall allow access to the Public Portion of the System on their property. B. The User shall bear the expense for the maintenance, repair and operation of the Private Portion of the System. The User shall allow the City access to inspect the Private Portion of the System. If the User fails to provide needed maintenance or repairs, the City may make the repair and bill it to the User. If the User fails to pay such charge within 60 days of the date of such bill, City may assess the cost against the User and collect such assessment as an additional charge for the use of the system or may pursue any other method of collection of the costs the City deems appropriate C. The City will read water meters on a periodic basis to monitor the use of the system and for billing purposes. The Users and Owners shall allow access to and testing of the meter as determined necessary by the City. If a meter is found to be inaccurate it shall be replaced by the User or Owner at its expense with an accurate meter. D. It shall be unlawful for any person to tamper with the meter or in any way cause it to provide an inaccurate reading. E. Users are required to report any sewer problems or backups to the City. The User shall immediately repair any plumbing malfunction (including but not limited to leaking or running toilets or urinals, or malfunctioning water softener or other appliance) that has the potential to cause an increase in wastewater flow to the system. F. Replacement of any plumbing fixture shall be by "low flow" fixtures as defined by the plumbing code. G. Users shall not do anything to cause a violation of the conditions of any permit, law, rule, standard or ordinances of any governing bodies or agencies that apply to the system, including but not limited to the ordinances of the City of Scandia, Washington County or requirements of the Minnesota Pollution Control Agency. H. Users shall not contribute a volume of wastewater to the system at a rate greater than the design flow assumed for that user. I. Any proposed change in land use, application for a building permit for interior alterations, and/or application for a plumbing or mechanical permit for a property served by the Uptown Wastewater Treatment System shall be reviewed by the City for its potential impact on the Uptown Wastewater Treatment System. No zoning permit or building permit shall be issued if it is found by the City to create the potential for the design flow of the Uptown Wastewater Treatment System to be exceeded. 4 SECTION 9. PROHIBITED WASTE DISCHARGES. A. No User shall make or maintain connection of roof downspouts, exterior foundation drains, surface runoff or groundwater to a building sewer or indirectly into the Uptown Wastewater Treatment System. B. No User shall discharge into the Uptown Wastewater Treatment System any incompatible waste, defined as waste that either singly by interaction with other wastes interferes with any waste treatment process, constitutes a hazard to humans or animals, creates a public nuisance, or creates a hazard in the treatment system. C. No User shall discharge any garbage or food waste, nor shall a garbage grinder or garbage disposal be installed in any premises served by the Uptown Wastewater Treatment System. D. No User shall discharge into the Uptown Wastewater Treatment System any solid or viscous substances in quantities of or such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the treatment system. E. No User shall discharge any water or waste containing fats,wax, grease or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees F (0 and 65 degrees C). SECTION 10. COST OF REPAIRS. In addition to any penalties that may be imposed for violation of any provision of this Ordinance, the City may assess against any User the cost of repairing or restoring sewers or associated facilities damaged as a result of actions by any user, including discharge of excessive flows or prohibited wastes, and may collect such assessment as an additional charge for the use of the system in the manner provided in Section 6 or may pursue any other method of collection of the costs it deems appropriate. SECTION 11. SEVERABILITY. If any provision of this Ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 12. ADMINISTRATION AND ENFORCEMENT. A. The City Administrator shall be responsible for administration and enforcement of the Ordinance, and the collection of the User charges as set forth in this Ordinance. The City Council shall hear and decide appeals and review any order, decision or determination made by the Administrator regarding the enforcement of this Ordinance. B. The City hereby establishes an Uptown Wastewater Treatment System Fund into which all revenue collected from users shall be deposited, and from which all expenditures necessary for the operation and maintenance of the system shall be paid. 5 C. Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, the violator shall be subject to a fine, imprisonment or both, plus the cost of prosecution. D. The City reserves the right to disconnect service to any User or property found to be in violation of this Ordinance. Service shall not be disconnected until notice and an opportunity for a hearing before the City Council have been provided to the User and to the Owner of the premises involved. SECTION 13. REPEAL. Any ordinance or provision of an ordinance heretofore existing pertaining to the subjects treated in this ordinance, including Ordinance No. 55 (An Ordinance Establishing the Charges for the Operation, Maintenance, and Administration of the Central Community Sewage Treatment System), shall be deemed repealed from and after the effective date of this ordinance. � SECTION 14. EFFECTIVE DATE. This Ordinance shall be in full force and upon its adoption and publication according to law. [The remainder of this page has been left blank intentionally] 6 Passed and adopted by the City Council of the City of Scandia this day of , 2012. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator 7 �� �'J!�l� C���t�r-f��� Meeting Date: 7/17/2012 Agenda Item: .� � '� � �j � City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve plans and specifications and authorize advertisement for bids for the Uptown Wastewater Treatment System improvement project. Deadline/Timeline: If plans are approved at the July 17 Council meeting,bids would be opened on August 15, 2012 with a possible bid award at the August 21, 2012 City Council meeting. Background: • In February, the Council approved an agreement with Bolton & Menk for professional services for work need to implement the 2011 Uptown Wastewater System Master Plan. The first step, which has been completed, was installation of run time meters in the existing Community Center and Uptown pump tank control panels, and replacement of the Warming House pump tank controls. • Since then, wastewater was been sampled and data was collected from the run-time meters daily to obtain the information needed for design of the equalization tank and aerobic pretreatment unit and the new uptown pump tank. The plans are now complete and ready for bidding. • Brian Malm from Bolton & Menk will be present at the Council meeting. The Wastewater Advisory Committee will also be briefed at its July 19, 2012 meeting. • The Uptown Master Plan estimated the cost of the equalization tank and aerobic pretreatment unit to be $73,209. The new uptown pump tank was estimated to cost $25,564. Recommendation: Staff recommends approval of the plans and specifications and advertisement for bids. Attachments/ • Plan Sheets Materials provided: Contact(s): Brian Malm, P.E., Bolton & Menk, Inc. (507) 625-4171 ext. 1264 Prepared by: Anne Hurlburt, Administrator (Uptown p]ans and specs) Page l of 1 07/13/l 2 Flow Comparison - Uptown WW System - City of Scandia ! i2,000 —,— , __ _ ___ _ _— _ _ , -- - ---- ------ � ; , ; ' � ' I ' i { � � _. , . � ' 10,000 _____ -------t- --- -------� _.._ _ --O'-- --_..__._. -- — � - ' � _ _ , � � ; ; � n , � `n ---+--- �--------- _—_.___ ._'. ' 8,000 ----- - ri___-----, _-- --- -----' - ; ; , , ; , , , , ' ; ; � o I ! 4 ! � ' a i � vi ,..,3 6,000 i ,_�—.------- ------- -- ----,T.__..__--- - ---..__I ! o ; � ; LL ; ; I � , , o � , � i 'Original Design Flow . � 4,000 � - ---- -- -�-- - -_ _.-__-�-- _+--- --------->— --__ ^2010 Measured Flow-Water Meter Data � M M t � � N ; � �Ch 7080 Estimated Flow c•i N N t � ; � � 2012 Measured Pump Flows-Average Day Flow ! . N � � 2,000 �� � - - Q-----�-_ _._ _ _...__. ._ . _ .- -. __� N. 2012 Measured Pump Flows-Peak Day Flow . _�� � O . �. .,gf � ' ' . � � � � . O O �. . . . �I ^ ���. . N � �. � � � � � ' : m .-i ^ , ; ; � �n � �,. �,.: � � � �...,__ _ . ... O _ _ r_.�._ .�-.. __.. ..� � _ �_ Y Y Y � � C H � ~ j. F�' , a a �- N ' E � ' � a o a. a � � c � 3 °' v 0 c � C_ V o�0 � T G1 Y C C 7 � � � � � O U �-- —�— �. ------ -------- ----- ------ Flow Summary Uptown WW System City of Scandia,MN BMI Project No.N31.104656 7/12/2012 Ori¢inal Svstem Desi¢n Flows Schmitt Mall ZZ�BPd Yoga Hus 60 gpd R&B Auto 80 gpd Scandia Store/Deli/Cafe,etc. 1,200 gpd Elim Church 300 gpd Elim Parsonage 600 gpd . Total Uptown PumpTank 2,460 gpd Community Center 1,000 gpd Gammelgarden 600 gpd Total 4,060 gpd Measured Flow Data IFrom 2010 Water Meter Use Data-Avere¢e Dailv Flowl Measured Flow Data(From 2012 Pumn Data•1 Schmitt Mall 246 gpd Avere¢e Daflv Flow Voga Hus 11 gpd Uptown PumpTank 754 gpd R&B Auto 182 gpd Community Center Pump Tank 497 gpd Scandia Store/Deli/Cafe,eta 653 gpd Gammelgarden Pump Tank 73 gpd Elim Church&Parsonage 412 gpd Total 1,324 gpd Total Uptown PumpTank 1,502 gpd Peak Dailv Flow Commu�iry Center 180 gpd Uptown PumpTank 2,653 gpd Warming House 142 gpd Community Center Pump Tank 2,838 gpd Total Community Center PumpTank 322 gDd Gammelgarden Pump Tank 479 gpd Total 5,970 gpd Gammelgarden 51 gpd Total 1,876 gpd '4/2/12-6/20/12 Average Daily Flow: 1,876 gpd Estimated Peak Daily Flow(4x avg): 7,503 gpd Estimated Flows(from 7081.0130) Desien Flow/unit Number of Emolovees Estimated Flow Flow Generator Classifcation Unit jg�d� Units (15 eod/each) fgp� Schmitt Mall Edward lones Office Employee/8 hr shift 18 2 36 gpd Developer Office Office Employee/8 hr shift SB 2 36 gpd Chiropractor Medical Office Practitioner 275 1 3 320 gpd Scandia Hair Salon Beauty Salon Station 265 2 z �BPd Scandia Dental Office Medical Office Practitioner 275 1 5 350 gpd Accountant Office Employee/8 hr shift 18 3 54 6Pd Insurance Office Office Employee/S hrshift 16 2 36 gpd Schmitt Ma117ota1 1,432 gpd Yo¢a Hus Heakh Club/Gym Member 35 8 1 295 gpd R&B Auto Service Station Toilet 250 1 2 280 gpd Gammel¢arden Museum Visitor Center Visitor 13 50 650 gpd Scandia Store/Deli/Cafe.etc. Scandia Vet Clinic Medical Office Practitioner 275 1 3 320 gpd Scandia Store&Deli Convenience Store Customer 3.5 100 3 395 gpd Scandia Cafe Restaurant Meal 3.5 200 5 775 gpd Anyo Salon Beauty Salon Station 285 1 1 300 gpd Scandia S[ore/Deli/CafE.etc.Total 1,790 gpd Elim Church&Parsona¢e Church Seat 4 350 11 1,565 gpd Church Meal Prepared 5 200 1,000 gpd Daycare Child 19 30 3 615 gpd 4-Bedroom Class 1 Home Home 600 1 600 gpd Elim Church Total 3,780 gpd CommuniN Center&Warmina House Office Employee/8 hr shift 18 7 126 gpd Kitchen Meal Prepared 5 220 1,100 gpd Warming House(Park) Guest 10 30 300 gpd Communitv Center/Warmine House Total 1,526 gpd Total Estimated Flow: 9,753 gpd Inflow and Infiltretion Estimate Total Length of Collection Pipe: 1900 feet Diameter of Pipe: 4 inches Estimated I&I from CoUectlon System: 288 gpd Total Estimated Design Flow: 10,041 gpd Flow Data Uptown WW System City of Scandia, MN BMI Project No.N11.104656 Uptown Pump Tank Pump 1 Pump 2 Flow Rate Flow Rate (gpm)= 18.5 (gpm)= 18.5 Run Time Run Time Date (min) Flow(gal) (min) Ftow(gal) 4/2/2012 15.0 277.5 7.8 144.3 4/3/2012 20.4 377.4 13.8 255.3 4/4/2012 25.8 477.3 27.0 499.5 4/S/2012 11.4 210.9 19.8 366.3 4/6/2012 18.0 333.0 7.8 144.3 4/7/2012 85.2 1,576.2 57.6 1,065.6 4/8/2012 75.6 1,398.6 67.8 1,254.3 4/9/2012 13.8 255.3 6.6 122.1 4/10/2012 15.6 288.6 13.2 244.2 4/11/2012 21.0 388.5 15.6 288.6 4/12/2012 23.4 432.9 12.0 222.0 4/13/2012 13.2 244.2 12.0 222.0 4/14/2012 18.6 344.1 10.8 199.8 4/15/2012 28.8 532.8 25.8 477.3 4/16/2012 30.6 566.1 25.8 477.3 4/17/2012 17.4 321.9 14.4 266.4 4/18/2012 22.2 410.7 15.6 288.6 4/19/2012 18.0 333.0 10.8 199.8 4/20/2012 18.0 333.0 13.8 255.3 4/21/2012 7.8 144.3 7.2 133.2 4/22/2012 26.4 488.4 26.4 488.4 4/23/2012 13.8 255.3 12.0 222.0 4/24/2012 10.8 199.8 16.8 310.8 4/25/2012 18.6 344.1 16.2 299.7 4/26/2012 13.8 255.3 19.2 355.2 4/27/2012 15.6 288.6 15.0 277.5 4/28/2012 21.6 399.6 22.2 410.7 4/29/2012 7.2 133.2 7.2 133.2 4/30/2012 13.2 244.2 15.6 288.6 5/1/2012 18.0 333.0 22.2 410.7 5/2/2012 27.6 510.6 22.8 421.5 S/3/2012 24.0 444.0 25.2 466.2 5/a/zoi2 zz.z aio.� zz.s azi.a 5/5/2012 37.2 688.2 38.4 710.4 5/6/2012 19.2 355.2 18.6 344.1 5/7/2012 15.0 277.5 16.8 310.8 5/8/2012 13.2 244.2 13.8 255.3 S/9/2012 33.0 610.5 15.6 288.6 5/10/2012 18.6 344.1 18.6 344.1 5/11/2012 15.6 288.6 21.0 388.5 5/12/2012 19.8 366.3 15.0 277.5 5/13/2012 3.6 66.6 7.2 133.2 5/14/2012 13.2 244.2 12.6 233.1 5/15/2012 25.8 477.3 22.8 421.8 Flow Data Uptown WW System City of Scandia,MN BMI Project No.N11.104656 Uptown Pump Tank Pump 1 Pump 2 Flow Rate Flow Rate (gpm)= 18.5 (gpm)= 18.5 Run Time Run Time Date (min) Flow(gal) (min) Flow(gal) 5/16/2012 15.0 277.5 16.8 310.8 5/17/2012 17.4 321.9 17.4 321.9 5/18/2012 35.4 654.9 27.6 510.6 5/19/2012 48.0 888.0 39.0 721.5 5/20/2012 8.4 155.4 7.2 133.2 5/21/2012 16.2 299.7 9.6 177.6 5/22/2012 16.8 310.8 15.0 277.5 5/23/2012 30.6 566.1 22.8 421.8 5/24/2012 40.2 743.7 34.8 643.8 5/25/2012 31.2 577.2 27.0 499.5 5/26/2012 20.4 377.4 26.4 488.4 5/27/2012 16.2 299.7 14.4 266.4 5/28/2012 13.2 244.2 15.0 277.5 5/29/2012 18.0 333.0 15.6 288.6 5/30/2012 24.0 444.0 21.6 399.6 5/31/2012 22.8 421.8 15.6 288.6 6/1/2012 21.0 388.5 24.0 444.0 6/2/2012 30.6 566.1 22.2 410.7 6/3/2012 4.8 88.8 7.2 133.2 6/4/2012 18.0 333.0 9.0 166.5 6/5/2012 16.8 310.8 10.8 199.8 6/6/2012 21.6 399.6 16.2 299.7 6/7/2012 13.8 255.3 13.8 255.3 6/8/2012 28.8 532.8 18.6 344.1 6/9/2012 16.2 299.7 7.8 1443 6/io/zoi2 io.z isa.� io.z iss.� 6/11/2012 19.8 366.3 17.4 321.9 6/12/2012 16.8 310.8 9.6 177.6 6/13/2012 30.0 555.0 24.0 444.0 6/14/2012 24.6 455.1 25.2 466.2 1* g ? c0o i i 6 Np file. i li 35 ci S 6 1 � ei?2 1i 4 e L CIDw F' a f sus cn §lig" of �ha 6 1 N H a N i; ,i; - 4 2 ;. 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